216-40-05 R.I. Code R. § 35.11

Current through June 20, 2024
Section 216-RICR-40-05-35.11 - Closing a Medical Practice
A. In the event of a planned voluntary closure of a practice, the doctor of naturopathy shall, at least ninety (90) days before closing his or her practice, give public notice as to the disposition of patients' medical records in a media venue with, at a minimum, statewide influence, and shall notify the Board of the location of the records. The public notice shall include the date of the doctor of naturopathy's retirement, and where and how patients may obtain their records both prior to and after closure of the doctor of naturopathy's practice.
B. The heirs or estate of a deceased doctor of naturopathy who had been practicing at the time of his or her death shall, within ninety (90) days of the doctor of naturopathy's death, give public notice as to the disposition of patients' medical records in a media venue with a statewide circulation, and shall notify the Board of the location of the records.
C. Any doctor of naturopathy closing his or her practice, or the heirs or estate of a deceased doctor of naturopathy who had been practicing at the time of his or her death, shall store the doctor of naturopathy's patient records in a location and manner so that the records are maintained and accessible to patients.
D. Any person or corporation or other legal entity receiving medical records of any retired doctor of naturopathy or deceased doctor of naturopathy who had been practicing at the time of his or her death, shall comply with and be subject to the provisions of R.I. Gen. Laws Chapter 5-37.3, and shall be subject to the rules and regulations promulgated in accordance with R.I. Gen. Laws § 23-1-48 and with the provisions of R.I. Gen. Laws § 5-37-22(c) and (d), even though this person, corporation, or other legal entity is not a doctor of naturopathy.
35.11.1Medical Records
A. Medical records and medical bills may be requested by the patient or the patient's personal representative. All medical record requests to doctors of naturopathy shall be made in writing through a properly executed Authorization for Release of Health Care Information.
B. Reimbursement.
1. Reimbursement to the doctor of naturopathy for providing a patient a copy of their medical record, regardless of format, shall not actual direct labor cost of reproducing the medical records.
2. The doctor of naturopathy may not require prior payment of charges for naturopathic health care services as a condition for obtaining a copy of the medical record. The doctor of naturopathy may not require prepayment of charges for duplicating or retrieving records as a condition prior to fulfilling the patient's request for the medical record if the request is for the purpose of continuity of care. Copying of X-rays or other documents not reproducible by photocopy shall be at the actual cost plus reasonable fees for clerical service not to exceed twenty-five dollars ($25.00). Charges shall not be made if the record is requested by the applicant or beneficiary or individual representing an applicant or beneficiary for the purposes of supporting a claim or appeal under the provision of the Social Security Act or any federal or state needs-based program such as Medical Assistance, RIte Care, Temporary Disability Insurance and Unemployment compensation.
3. No fees shall be charged to an applicant for benefits in connection with a Civil Court Certification Proceeding or a claim under R.I. Gen. Laws §28-29-38 as reflected in R.I. Gen. Laws § 23-17-19.1(16).
4. Requested records must be provided within thirty (30) days of the receipt of the written request or signed authorization for records. Requests for medical records made by authorized third parties (e.g., attorneys representing the patient, attorneys not representing the patient, a patient's estate on behalf of the patient, or insurance companies) submitting a properly executed Authorization for Release of Information shall be billed at direct labor cost of reproducing the medical records.
5. No fees shall be charged when a medical record is being sent from one provider to the next in the context of a consultation.
C. Medical Records shall be stored by doctors of naturopathy or their authorized agents for a period of at least seven (7) years unless otherwise required by law or regulation.
D. Medical Records shall be legible and contain the identity of the all health care providers including professional title who is responsible for rendering, ordering, supervising or billing each diagnostic or treatment procedure. The records must contain sufficient information to justify the course of treatment, including, but not limited to: active problem and medication lists; patient histories; examination results; test results; records of medications dispensed, or administered; and reports of consultations and hospitalizations.

216 R.I. Code R. § 216-RICR-40-05-35.11